FELIX KUMAH AND ANOTHER
V.
PALMERS GREEN INTERNATIONAL LTD

(2017) JELR 63647 (HC)    
High Court  ·  SUIT NO. INDL/94/2014 ·  31 May 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM (MRS) JUSTICE OF THE HIGH COURT LABOUR DIVISION I ACCRA
Core Terms Beta
plaintiffs
defendant
court
exhibit c
exhibit b
drums of cables
board of enquiry
conditions of service
evidence
sufficient evidence
unauthorized dispatch of cables
burden of persuasion
exhibits b
month salary
court finds
immediate effect
obligation of a party
plaintiffs’ employment
unauthorized dispatch
contravention of statutory provisions
costs of ghs2,000.00
court finds defendants story
date of exhibit b
date of supply
defendant’s amrahia
dispatch of items
employees of defendant
evidence decree
exhibit g
following issues
full release
mm cables
plaintiffs’ appointment
plaintiffs’ case
said provision
supreme court
termination of the appointment of the plaintiffs
termination of their appointments
termination of the plaintiff
wrongful dismissal
wrongful termination of employment

JUDGMENT

Plaintiffs were employees of Defendant, the latter being a company. 1st Plaintiff was a storekeeper and 2nd Plaintiff a driver both at Defendant’s. Sometime in April, 2013, Defendant alleged that, Plaintiffs had dispatched two drums of cables from Defendant’s Amrahia central warehouse without authorization. A Board of Enquiry was set up to delve into the matter. Plaintiffs and other employees appeared before the Board of Enquiry and the latter found them culpable of conspiring with another to defraud the Defendant by willfully ignoring policies and procedures and endorsing a waybill thereby facilitating the dispatch of items from Defendant’s warehouse to an unknown destination. The Board of Enquiry therefore opined amongst others that, the evidence gathered suggest strongly that, Plaintiffs connived to defraud Defendant of two drums of cables valued at $100,000.00 and recommended that, both Plaintiffs’ appointment should be terminated immediately. Defendant’s management accept…

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